or lease; and shall also include all switches, spurs, tracks and terminal facilities of every kind used or necessary in the transportation of the persons or property designated herein, and also all freight depots, yards and grounds used or necessary in the transportation of the person or property designated herein, and also all freight depots, yards and grounds, used or necessary in the transportation or delivery of any of said property; and the term "transportation" shall include all cars, and all other vehicles and all instrumentalities and facilities of a shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof, and all service in connection with the receipt, delivery, elevation and transfer in transit, ventilation, refrigeration or icing, storing or handling of property transported; and it shall be the duty of every common carrier, subject to the provisions of this act, to provide and furnish such transportation upon reasonable request therefor, and to establish through routes, and just and reasonable rates applicable thereto.

Sec. 3. All charges made for any service rendered or to be rendered in the transportation of property, as aforesaid, or in connection therewith, shall be just and reasonable; and every unjust and unreasonable charge for such service, or any part thereof, is prohibibted and declared to be unlawful.

Sec. 4. That if any common carrier, subject to the provisions of this act, shall directly or indirectly by any special rate, rebate, drawback, or any device, charge, demand, collect or receive, from any person or persons, a greater or less compensation for any service rendered or to be rendered in the transportation of property, subject to the provisions of this act, than it charges, demands, collects or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic, under similar circumstances and conditions, such common carrier shall be deemed guilty of an unjust discrimination, which is hereby prohibited and declared to be unlawful.

Sec. 5. That it shall be unlawful for any common carrier subject to the provisions of this act, to make or give any undue or unreasonable preference or advantage to any particular person, company, firm or corporation, or concerning any particular description of freight traffic in any respect whatsoever, or to subject any particular person, company, firm or corporation or any particular freight traffic, to any undue or unreasonable prejudice or disadvantage in any such respect whatsoever.

Sec. 6. That every common carrier, subject to the provisions of this act shall file with the commission created by this act, print and keep open to public inspection, schedules showing ail the rates, fares and charges for transportation between points on its own route in this State, and between points on its own route and points on the route of any other common carrier by

railroad, pipe line, or other vehicle in this State when a through route and joint rate have been established. If no joint rate over the through route has been established the several common carriers in such through route shall file, print and keep open to public inspection, as aforesaid, the separately established rates and charges applied to the through transportation. The schedules printed, as aforesaid, by any such common carrier shall plainly state the places between which property will be carried and shall contain the classification of freight in force and shall also state separately all terminal charges, storage charges, icing charges, and all other charges which the commission may require, all privileges or facilities granted or allowed and any rules or regulations which in anywise change, affect or determine part or the aggregate of any such aforesaid rates and charges, or the value of the services rendered to the shipper or consignee. Such schedules shall be plainly printed in large type and copies for the use of the public shall be kept posted in two public and conspicuous places in every depot, station or office of such carrier where freight is received for transportation, in such form that they shall be accessible to the public and can be conveniently inspected.

Sec. 7. No change shall be made in the rates and charges, or joint rates and charges, which have been filed and published by any common carrier in compliance with the requirements of this act except after thirty days' notice to the Commission and to the public published as aforesaid, which shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rates or charges will go into effect; Provided, that the Commission may in its discretion and for good cause shown, allow changes upon less than the notice herein specified, or modify the requirements of this act in respect to publishing, posting and filing of tariffs either in particular instances or by a general order applicable to special or peculiar circumstances or conditions. The Commission may determine and prescribe the form in which the schedule, required by this act to be kept open to the public inspection, shall be prepared and arranged and may arrange the form from time to time as may be deemed expedient.

Sec. 8. That in case any common carrier subject to the provisions of this act shall do, cause to be done, or permitted to be done, any act, matter or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter or thing in this act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this act. Every common carrier receiving property for transportation between points within this State shall issue a receipt, or a bill of lading, therefor, and shall be liable to the lawful holder thereof for all loss, damage, or injury to such

property caused by it or by any common carrier to which such property may be delivered, or over whose lines such property may pass.

No contract, receipt, rule or regulation shall exempt such common carrier from the liability in this section imposed.

But nothing in this section shall deprive any holder of such receipt, or bill of lading, of any remedy or right of action which he has under existing law.

The common carrier issuing such receipt, or bill of lading, shall be entitled to recover from the common carrier on whose line the loss, damage or injury shall have been sustained, the amount of such loss, damage, or injury, as it may be required to pay to the owners of such property, as may be evidenced by any receipt, judgment, or transcript thereof.

Sec. 9. That any common carrier subject to the provisions of this act, or, whenever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent or person acting for or employed by such corporation, who alone or with any other corporation, company, person or party, shall willfully do or cause to be done, shall willfully suffer or permit to be done, any act, matter or thing in this act prohibited, or declared to be unlawful, or who shall aid or abet therein, or shall wilfully omit or fail to do any act, matter or thing in this act required to be done, not to be so done, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of this act, or shall aid or abet therein, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any district court of this State within the jurisdiction of which such offense was committed, be subject to a fine of not to exceed one thousand dolars for each offense.

Sec. 10. That if any person or any officer or agent of any corporation or company, shall, by payment of money or other thing of value, solicitation or otherwise, induce any common carrier subject to the provisions of this act, or any of its officers or agents, to discriminate unjustly in its or their favor as against any other consignor or consignee, in the transportation of property, or shall aid or abet any common carrier in any such unjust discrimination, such person or such officer or agent of such corporation or company, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, in any court of this State of competent jurisdiction, be subject to a fine of not exceeding one thousand dollars; and such person, corporation or company shall also together with such common carrier, be liable jointly or severally, to consignor or consignee discriminated against, for all damages caused by or resulting therefrom.

Sec. 11. That a Commission is hereby created and established to be known as the State Railroad Commission, which shall be composed of three Commissioners, one of whom shall

be learned in the law and one of whom shall be a man of experience in railroad transportation and familiar with the method of adjusting freight and passenger rates.

The Governor shall appoint, by and with the consent of the Senate, three Commissioners to be a Commission until the second Tuesday in January, 1909. At the general election to be held in November, 1908, three Commissioners shall be elected, as are other State officers, one for two years, one for four years and one for six years, and at each general election to be held in this State thereafter, one Commissioner shall be elected, in the same manner as other State officers, to serve for six years, beginning on the second Tuesday in January following his election. The Governor shall fill vacancies on the Commission caused by the resignation or death of any commissioner appointed or elected as herein before provided and any person who shall be so appointed to fill any such vacancy shall be appointed to hold the office of Commissioner only for the period of time ending when the said original appointment or election would have ended. Immediately upon their appointment the Commission shall meet and organize by electing one of their number President and one as Secretary.

No person shall be eligible to the office of Commissioner who shall be pecuniarily interested, either directly or indirectly in any common carrier or railroad, pipe line, telegraph, telephone or express business, or in any corporation, partnership or association owning or operating any such business in this State or elsewhere; not [nor] shall he serve in any position, station or office in any political party.

Said Commissioners shall receive as compensation for their services the sum of three thousand dollars each per annum. That all common carriers shall furnish free transportation to members of the Commission and its employes while in the discharge of their duties.

Sec. 12. That the Commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it is created; and the Commission is hereby authorized and required to execute and enforce the provisions of this act, and upon the request of the Commission it shall be the duty of the Atorney General to institute all necessary proceedings for the enforcement of the provisions of this act and for the punishment of all violations thereof; and for the purpose of this act the Commission shall have power to require by subpoena the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agree

ments and documents relating to any matter under investigation. And any of the District Courts of this State within the jurisdiction of which such inquiry is carried on may, in case of refusal to obey the subpoena issued to any common carrier or other person subject to the provisions of this act, issue an order requiring such common carrier or other person, to appear before said Commission (and produce books and papers, if so ordered) and give evidence touching the matters in question; and any failure to obey such order of the court may be punished by such court as contempt thereof. The claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding.

Sec. 13. That any person, firm, corporation or association, or any mercantile, agricultural or manufacturing society, or any body politic or municipal organization complaining of anything done or omitted to be done by any common carrier subject to the provisions of this act, or in contravention of any of the provisions thereof, may apply to said Commission by peti tion which shall briefly state the facts, whereupon a statement of the charges thus made shall be immediately forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint, or to answer the same in writing within a reasonable time to be specified by the Commission. If such common carrier within the time specified, shall make reparation for the injury alleged to be done, such common carrier shall be relieved of liability to the complainant, only for the particular violation of law complained of. If such common carrier shall not satisfy the complainant within the time specified, or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper.

Sec. 14. That whenever investigation shall be made by said Commission, it shall be its duty to make a report in writing in respect thereto, which shall state the conclusions of the commission, together with its decision, order or requirement in the premises, and, in case damages are awarded, said report shall include the findings of facts on which the award is made.

All reports of investigations made by the Commission shall be entered of record and a copy thereof shall be furnished to the party who may have complained and to any common carrier that may be complained against.

The Commission may provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and de